BOARD MEETING
                                     JUNE 7, 2009


Judge Marilyn Paja                        Judge Glenn Phillips
Judge Veronica Alicea-Galvan              Judge Linda Portnoy
Judge Brian Altman                        Judge Kevin Ringus
Judge Stephen Brown                       Judge Stephen Shelton
Judge Patrick Burns                       Judge David Svaren
Commissioner Adam Eisenberg               Judge Greg Tripp
Judge Darrel Ellis                        Judge Elizabeth Verhey

AOC Staff:   Ms. Ashley DeMoss

Guests:     Judge Susan Dubuisson, BJA Representative
      Judge Michael Lambo, BJA Representative
      Judge Robert McSeveney, BJA Representative
      Judge Steve Warning SCJA Representative
      Judge Douglas Haake

President-Judge Paja called the meeting to order and noted a quorum existed.


Board Meeting Minutes of May 9, 2009: Minutes approved.

Treasurer’s Report: Approved.

The Board noted that mileage to attend conference is not reimbursed for attendees;
therefore mileage for Board members to attend the Board meeting at conference is not
reimbursed. If a board member traveled to attend only the Board meeting and did not
attend conference, mileage would be reimbursable.

Special Fund Report: Approved.


Meeting Schedule: Approved.

Adjustment to 2008-2009 Budget: The 2008-2009 budget for two line items was
increased to the annual levels budgeted for those items for 2009-2010. The Board
meeting expense allotment was increased to $30,000. The president’s expense
allotment was increased to $5,000.
Donation to Equal Justice Campaign: Judge Paja recommended that the Board
exercise judiciary system leadership by making a $5,000 donation to support civil legal
aid through the Law Fund in this time of increased need and reduced funding, as
described in the Bar News article from WSBA President Mark Johnson Justice Tempered
with Mercy. WSBA is working to meet this gap and has recently made a significant
donation. The WSBA is also proposing a new seventy dollar fee be charged to attorneys
to underwrite civil legal aid. The Board would like to obtain an ethics advisory opinion on
making such a donation. The action item was tabled until August pending the ethics

National Leadership Grants: The Board (minus Judge Paja who recused herself from
the discussion and vote) awarded grants of up to $1,000 to two applicants who met the
criteria for this scholarship program: Judge Richard Kayne and Judge Marilyn Paja. A
third applicant will be referred to the DMCJA Education Scholarship program.

Appointments to DMCJA Liaison Positions: President-elect Judge Phillips presented
the results of the recent solicitation for volunteers for various external representative
positions and his selections for nomination or appointment.

BJA Best Practices Committee – Judge Steve Buzzard and Judge Jean Rietschel.
BJA Court Security Committee – Judge Elizabeth Bejarano
Annual Conference Planning Committee – Judge Fred Gillings
Judicial Information System Committee – Judge Steve Rosen
Mandatory Continuing Judicial Education Committee – Judge Janet Garrow
Washington Pattern Jury Instructions – Judge Marilyn Paja

CJC ad hoc Committee Report/Recommendations: The Board heard from Judge
Douglas Haake, chair of the ad hoc committee, about the committee’s report
recommendations and the response memo from Ms. Reiko Callner, Executive Director of
the Commission on Judicial Conduct. Although the meeting between the committee and
Ms. Callner was cordial, the tone of the response memo to the report was not perceived
to be. Most pertinently, it was noted that Ms. Callner agreed in her memo with the
majority of the recommendations of the committee. Judge Paja has referred the
committee report to the Judicial College deans and to the Education Committee chair for
further actions on the educational recommendations on judicial demeanor. The report
and the CJC response memo was also referred to the SCJA for consideration and
potential discussion at BJA of judiciary-wide recommendations for development of
professional liability insurance coverage for judges, and creation of a fire brigade to assist
judges at all levels with CJC interactions. The BJA Court Standards Committee was
noted as a potential group to continue any needed work. Judge McSeveney noted that if
the Supreme Court adopts the ABA judicial conduct model as recommended by the BJA
task force, the authority of the CJC would be narrowed on some issues. No further action
was taken.


Feedback on Members’ Nonpayment of Dues: When contacted, a number of the
judicial officers indicated that they were not aware that their dues had not been paid. A
few cities are refusing to pay dues for their part-time judges. Judge Paja observed that
the Association of Washington Cities staff Tammy Fellin would be an appropriate contact
for the DMCJA on the matter.

NACDL Misdemeanor Courts Report Response: The report was referred to the Long
Range Planning Committee for development of a document for DMCJA members and
possibly BJA, that updates some of the information included in the NACDL report about
the courts that was originally collected three years ago and is no longer accurate. Judge
Paja and Judge Ringus volunteered to join the committee to work on this project.

AOC Budget Reductions for the 2009-2011 Biennium: The AOC budget information
sheet was reviewed, observing the impacts of the 19% cut to its budget. Among the
impacts that will affect CLJ: (1) the interpreter reimbursement program was significantly
cut, (2) printer supplies for JIS equipment will be eliminated, (3) the fall conference for
2010 was cancelled, and (4) the presiding judges conference eliminated.

GR 29(f)(5) Proposal: Judge David Larson submitted a proposal to amend the court rule
to address workplace related employee complaints, to develop a common insurance pool
for liability for such complaints, and a recommendation that human resources training
become a mandatory part of judicial college and for presiding judges. The central
questions discussed by the Board were the authority to temporarily remove judges from
the bench and the protection of court staff from their judges under extraordinary
circumstances. There was concern that if the judiciary does not make provision for
temporary removal, the legislature might take the matter up. The topic and any plans to
work it will be discussed further at the next meeting.

Bylaw Amendment for BJA Vacancies: Judge McSeveney raised the need for the
DMCJA Bylaws to include provision to fill BJA vacancies that occur during a term of
office. The Board referred it to the Bylaws Committee for development.


CJC ad hoc Committee Recommendations Referred: Discussed with the action item.

DOL Fees for Court Release of Abstract of Driving Record: DOL will not expect the
courts to collect a fee for DOL when the courts release a driver’s abstract under the new

AOC Project to Update Manual for Courts of Limited Jurisdiction: The Board would
like judges to review this manual before it is completed. Judge Brown volunteered.
Other volunteers will be solicited.

Thank you Letter to Mr. Joe McGuire: Noted.

Thank you Letter from Mr. Joe McGuire: Noted.

Washington Association of County Officials Scholarship Request: Letter and
Judge Paja’s response letter noted.

Office of Public Defense Letter on Cost Recoupment: Noted.
Members in Good Standing for Elections: Balloting process was reviewed.


OPD DWLS Survey: Judge Paja sent the results of the Office of Public Defense’s
DWLS survey to the membership via listserv. It showed that the amount of bail
forfeitures for DWLS have been reduced. It was speculated that Arizona v. Gant will
likely impact the potential for the future decriminalization of DWLS 3.

Local Court Budget Pressure Resource: Judge Paja shared that AOC is working to
implement her idea to create a question and answer resource on the court’s website that
will provide useful information for judge’s use in responding to local budget pressures.
Topics will include salary and court hours.


Board Meeting August 14, 2009, starting at 12:15 p.m. at AOC’s SeaTac Offices.


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